AustLII Tasmanian Consolidated Acts

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SUPREME COURT CIVIL PROCEDURE ACT 1932 - SECT 8

Provision as to exercise of summary jurisdiction

(1)  In all cases in which any Imperial Act or Act of the Parliament of Tasmania passed before the commencement of this Act confers on the Court or any judge thereof any original jurisdiction (being part of the jurisdiction of the Court which is subject to this Act) to hear and determine or dispose of any application or matter, or to decide any question, or to make any order, or to otherwise exercise any original jurisdiction, in a summary way, such application or matter, or the proceeding to obtain such decision or order, or an exercise of such jurisdiction, shall, subject to the Rules of Court , be instituted in the form or mode prescribed in that behalf by such Act or some other such Act, or if no form or mode is so prescribed, then by motion, summons, petition, or rule, or order to show cause, as may be appropriate; but every such application, matter, or proceeding shall be conducted, proceeded with, heard, and determined in the manner provided by this Act and the Rules of Court .
(2)  In all cases in which any Imperial Act or Act of the Parliament of Tasmania passed after the commencement of this Act confers on or vests in the Court or any judge thereof any original jurisdiction (which becomes a part of the jurisdiction of the Court which is subject to this Act) to hear and determine or dispose of any application or matter, or to decide any question, or to make any order, or to otherwise exercise any original jurisdiction, in a summary way, such application or matter, or the proceeding to obtain such decision or order, or an exercise of such jurisdiction, shall, subject to the provisions of any such Act, be instituted in the form or mode prescribed by the Rules of Court , or if no form or mode is so prescribed, then by motion, summons, petition, or rule or order to show cause, as may be appropriate; and every such application, matter, or proceeding shall, subject to the provisions of any such Act, be conducted, proceeded with, heard, and determined in the manner provided by this Act and the Rules of Court .
(3)  In all cases in which the Court or any judge thereof is invested by any Commonwealth Act (whether passed before or after the commencement of this Act) with any original jurisdiction (which is or becomes part of the jurisdiction of the Court which is subject to this Act) to hear and determine or dispose of any application or matter, or to decide any question or to make any order, or to otherwise exercise any original jurisdiction, in a summary way, such application or matter, or the proceeding to obtain such decision or order, or an exercise of such jurisdiction, shall, subject to the provisions of any Commonwealth Act, be instituted in the form or mode prescribed by the Rules of Court , or if no form or mode is so prescribed, then by motion, summons, petition, or rule or order to show cause, as may be appropriate; and every such application, matter, or proceeding shall, subject as aforesaid, be conducted, proceeded with, heard, and determined in the manner provided by this Act and the Rules of Court .
(4)  Save as by this Act, or by the Rules of Court for the time being in force under this Act, may be otherwise provided, all forms and methods of procedure, and all orders and rules of procedure and practice, which were in force in the Court at the commencement of this Act under or by virtue of any law, custom, general order, or rules whatsoever, and which are not inconsistent with this Act or the Rules of Court for the time being in force under this Act, may continue to be used and practised in such and the like cases, and for such and the like purposes, as those to which they would have been applicable if this Act had not passed.



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